§ 1103.7 Fees.

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Title 8—Aliens and Nationality > CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE > SUBCHAPTER B—IMMIGRATION REGULATIONS > PART 1103—APPEALS, RECORDS, AND FEES

This text was captured on Sep 22, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Link to an amendment published at 91 FR 54213, Aug. 21, 2026.

(a) Remittances—(1) In general. Fees shall be submitted in connection with any formal appeal, motion, or application prescribed in this chapter in the amount prescribed by law or regulation. The only accepted form of fee payment is payment through the EOIR Payment Portal: https://epay.eoir.justice.gov/index. Payment of any fee under this section does not constitute filing of the appeal, motion, or application with the Board of Immigration Appeals or with the Immigration Court. Filing fees generally are non-refundable regardless of the outcome of the benefit request, or how much time the adjudication requires, and any decision to refund a fee is at the discretion of EOIR.

(2) Board of Immigration Appeals. The fee for filing an appeal or a motion with the Board of Immigration Appeals shall be paid pursuant to the provisions of 8 CFR 1003.8 when a fee is required.

(3) All other fees payable in connection with immigration proceedings. Required fees in connection with EOIR proceedings shall be paid in a manner and form authorized by EOIR. Applications or motions will not be accepted unless they are accompanied by proof of payment of any required fees.

(b) Amounts of fees—(1) Appeals. For filing an appeal to the Board of Immigration Appeals, when a fee is required pursuant to 8 CFR 1003.8, as follows:

Table 1 to Paragraph (b)(1)

Immigration fee type

Current EOIR(section 286(m)of theImmigration andNationality Act)fee

Current One BigBeautifulBill Act(OBBBA)fee

Current EOIRtotal feesexcept anybiometrics fees

Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge

$110

$920

$1,030

Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer

110

920

1,030

Form EOIR-45, Notice of Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case

675

1,355

2,030

(2) Motions. For filing a motion to reopen or a motion to reconsider, when a fee is required pursuant to 8 CFR 1003.8 or 1003.24, as follows:

Table 2 to Paragraph (b)(2)

Immigration fee type

Current EOIR(286(m))fee

Current OBBBAfee

Current EOIRtotal feesexcept any biometrics fees

Motion to reopen or reconsider a decision of an Immigration Judge

$145

$920

$1,065

Motion to reopen or reconsider a decision of the Board of Immigration Appeals

110

920

1,030

Motion to reopen a decision of an Immigration Judge or the Board of Immigration Appeals that is based exclusively on an application for relief that does not require a fee

0

920

920

Motion to reconsider a decision of an Immigration Judge or the Board of Immigration Appeals that is based exclusively on a prior application for relief that did not require a fee

0

920

920

(3) Multiple parties. When an appeal or motion is filed on behalf of two or more aliens and the aliens are covered by one decision, only one fee is required.

(4) Applications for Relief—(i) Forms published by the Executive Office for Immigration Review. Fees for applications for relief shall be paid in accordance with 8 CFR 1003.8(b) and 1003.24(c) as follows:

Table 3 to Paragraph (b)(4)(i)

Immigration fee type

CurrentEOIR(286(m))fee

CurrentOBBBAfee

CurrentEOIRtotal feesexcept anybiometricsfees

Form EOIR-40, Application for Suspension of Deportation

$100

$610

$710

Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents

100

610

710

Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents

100

1,540

1,640

(ii) Forms published by the Department of Homeland Security. The fees for applications published by the Department of Homeland Security and used in immigration proceedings are governed by 8 CFR 103.7 and 8 CFR part 106. Consistent with 8 CFR 106.2, no fee shall apply to a Form I-589 filed with an immigration judge for the sole purpose of seeking withholding of removal under section 241(b)(3) of the Act or protection under the Convention Against Torture regulations.

(iii) Annual asylum fee. Aliens are required to pay an annual fee for each calendar year that an alien's asylum application remains pending administrative review. This fee cannot be waived or reduced.

(c) Fee waivers. For provisions relating to the authority of the Board or the immigration judges to waive any of the fees prescribed in paragraph (b) of this section, see 8 CFR 1003.8 and 1003.24. No waiver may be granted with respect to the fee prescribed for a Department of Homeland Security form or action that is identified as non-waivable in regulations of the Department of Homeland Security.

(d) Requests for records under the Freedom of Information Act. Fees for production or disclosure of records under 5 U.S.C. 552 may be waived or reduced in accordance with 28 CFR 16.10.

[69 FR 44907, July 28, 2004, as amended at 85 FR 81750, Dec. 16, 2020; 85 FR 82793, Dec. 18, 2020; 86 FR 70723, Dec. 13, 2021; 91 FR 35375, June 11, 2026]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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